JUDGMENT :

S.R. Brahmbhatt, J.

Heard learned counsels for the parties.

2. The petitioner claimant has approached this Court by way of this petition preferred under Articles 226 and 227 of the Constitution of India, challenging the order dated 30.07.2012, passed by the respondent no.2, rejecting the petitioner's application made under Section 28-A of the Land Acquisition Act, 1894 (hereinafter referred to as `the Act' for the sake of brevity) on the ground of it being delayed as it was filed beyond the period of 90 days prescribed.

3. Facts in brief leading to filing this petition, as could be culled out from the memo of the petition, deserve to be set out as under.

4. The petitioner was original land owner bearing Survey No.586/02 on the record of the Village Vitthalgadh, Taluka Lakhtar, District-Surendranagar, admeasuring 1 Hector-38 Are-61 Sq.Mtr. As submitted by the petitioner, the land admeasuring 1 Hector 30 Are 83 Sq. Mtr. of Survey No.586/02 was acquired by respondent no.2 i.e. Special Land Acquisition Officer (Narmada Project), Unit-1, Surendranagar for the purpose of construction of Saurashtra Branch Canal, which is covered in LAQ Case No.139 of 1992. The Award under Section 11